Tag Archives: false advertising

Be kind, certify a class

Posted on August 20, 2021 by rtushnet

In re KIND LLC “Healthy and All Natural” Litig., 2021 WL 1132147, Nos. 15md2645, 15mc2645 (S.D.N.Y. Mar. 24, 2021) Plaintiffs sought class certification of their false advertising claims based on the claims that KIND falsely advertised “All Natural / Non-GMO,” … Continue reading →

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patent misrepresentations to prospective dealer could be false advertising under Dastar/Lexmark

Posted on August 20, 2021 by rtushnet

Three very similar cases involving the same plaintiff. Roof Maxx Technol., LLC v. Holsinger, 2021 WL 3617153, No. 2:20-cv-03154 (S.D. Ohio Aug. 16, 2021) Roof Maxx distributes “a soy-based liquid product that is sprayed on asphalt shingle roofs to extend … Continue reading →

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claims that “infant” formula misleadingly implies special formulation survives

Posted on August 19, 2021 by rtushnet

Youngblood v. CVS Pharmacy, 2020 WL 8991698, No. 20-cv-06251-MCS-MRW (C.D. Cal. Oct. 15, 2020) Youngblood bought an acetaminophen product for infants, believing based on its packaging that it was specifically formulated for infants and therefore different from CVS’s acetaminophen product … Continue reading →

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industry group’s safety/risk/legality claims were plausibly false or misleading

Posted on August 18, 2021 by rtushnet

Pharmacychecker.Com, LLC v. National Ass’n of Boards of Pharmacy, 2021 WL 1199363, — F. Supp. 3d –, No. 19-CV-7577 (KMK) (S.D.N.Y. Mar. 30, 2021) Plaintiff “offers an accreditation program for pharmacies and provides drug price comparison information.” Unlike its competitors, … Continue reading →

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malt “cocktails” with no wine or spirits were plausibly misleading

Posted on August 17, 2021 by rtushnet

Cooper v. Anheuser-Busch, LLC, 2021 WL 3501203, No. 20-CV-7451 (KMK) (S.D.N.Y. Aug. 9, 2021) Plaintiffs alleged that the labels on the “Ritas” line of beverages (Lime-A-Rita Sparkling Margaritas, Sangria Spritz Sparkling Sangria Cocktail and Rosé Spritz Sparkling Rosé Cocktail, and … Continue reading →

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Bank had no duty to disclose limits to PPP loan applicants

Posted on August 17, 2021 by rtushnet

Elizabeth M. Byrnes, Inc. v. Fountainhead Commercial Capital, LLC, 2021 WL 3501518, No. CV 20-04149 DDP (RAOx) (C.D. Cal. Aug. 6, 2021) The CARES Act, among other things, established the Paycheck Protection Program, a $349 billion loan program through which … Continue reading →

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reasonable consumers of manuka honey know its price and grading scheme

Posted on August 16, 2021 by rtushnet

Moore v. Trader Joe’s Co., 4 F.4th 874 (9th Cir. 2021) Trader Joe’s markets its store brand Manuka honey as “100% New Zealand Manuka Honey” or “New Zealand Manuka Honey,” but Moore alleged that because Trader Joe’s Manuka Honey actually … Continue reading →

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Claims that timeshare exit services are legal and effective were not puffery

Posted on August 16, 2021 by rtushnet

Bluegreen Vacations Unlimited, Inc. v. Timeshare Lawyers P.A., 2021 WL 3552175, No. 20-24681-Civ-Scola (S.D. Fla. Aug. 11, 2021) Another timeshare versus timeshare exit false advertising case. Marketing Defendants allegedly falsely advertise timeshare exit services by promoting a legitimate process to … Continue reading →

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reasonable consumer isn’t required to interpret ingredient list for naturalness

Posted on August 13, 2021 by rtushnet

Moore v. GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, No. 20-cv-09077-JSW,  2021 WL 3524047 (N.D. Cal. Aug. 6, 2021) Moore alleged that GSK falsely labeled certain ChapStick products with the claims “100% Natural,” “Natural,” “Naturally Sourced Ingredients,” and “100% Naturally Sourced … Continue reading →

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no preemption of state claims where FDA didn’t regulate cosmetic talc at all

Posted on August 11, 2021 by rtushnet

Johnson & Johnson v. Fitch, No. 2019-IA-00033-SCT, — So.3d —-, 2021 WL 1220579 (Miss. Apr. 1, 2021) The Mississippi AG sued J&J under the Mississippi Consumer Protection Act for selling talcum powder products, alleging that J&J failed to warn of … Continue reading →

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